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MINUTES OF AN ORDINARY COUNCIL MEETING OF THE BRIGHTON COUNCIL

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MINUTES OF AN ORDINARY COUNCIL MEETING OF THE BRIGHTON COUNCIL Powered By Docstoc
					                 MINUTES OF AN ORDINARY COUNCIL MEETING
                       OF THE BRIGHTON COUNCIL HELD
                 IN THE COUNCIL CHAMBER, COUNCIL OFFICES
                     GAGEBROOK AT 5.30 P.M. ON TUESDAY,
                             21 st FEBRUARY 2006



PRESENT:              Cr S A Foster (Mayor); Cr G Taylor (Deputy Mayor); Cr B.
                      Curran; Cr K Fitzpatrick; Cr W Garlick; Cr P Geard; Cr L
                      Gray; Cr P Owen and Cr S Williams.

IN ATTENDANCE:        Mr R V Sanderson (General Manager); Mr G Davoren
                      (Deputy General Manager); Mr R Higgins (Manager
                      Environment & Development Services); Mr W Lee
                      (Municipal Engineer) and Mrs J Banks (Executive Officer).


1.    CONFIRMATION OF MINUTES:

1.1   CONFIRMATION OF MINUTES OF THE ORDINARY COUNCIL
      MEETING OF 17 th JANUARY, 2006.

Cr Geard moved, Cr Gray seconded that the Minutes of the Ordinary Council
Meeting of the 17 th January 2006, be confirmed.

                                                                    CARRIED
                            VOTING RECORD
                       In favour        Against
                         Cr Curran
                         Cr Fitzpatrick
                         Cr Foster
                         Cr Garlick
                         Cr Geard
                         Cr Gray
                         Cr Owen
                         Cr Taylor
                         Cr Williams
                                      ~2~
Ordinary Council Meeting                                                  21/2/06
1.2.   CONFIRMATION OF MINUTES OF THE PARKS & RECREATION
       COMMITTEE MEETING OF 14 TH FEBRUARY, 2006.

Cr Geard moved, Cr Garlick seconded that the Minutes of the Parks and Recreation
Committee Meeting of the 14 th February 2006, be confirmed.

                                                                     CARRIED
                                VOTING RECORD
                           In favour        Against
                             Cr Curran
                             Cr Fitzpatrick
                             Cr Foster
                             Cr Garlick
                             Cr Geard
                             Cr Gray
                             Cr Owen
                             Cr Taylor
                             Cr Williams


1.3    CONFIRMATION OF MINUTES OF THE FINANCE COMMITTEE
       MEETING OF 14 TH FEBRUARY, 2006.

Cr Curran moved, Cr Geard seconded that the Minutes of the Finance Committee
Meeting of the 14 th February 2006, be confirmed.

                                                                     CARRIED
                                VOTING RECORD
                           In favour        Against
                             Cr Curran
                             Cr Fitzpatrick
                             Cr Foster
                             Cr Garlick
                             Cr Geard
                             Cr Gray
                             Cr Owen
                             Cr Taylor
                             Cr Williams


1.4    CONFIRMATION OF MINUTES OF THE PLANNING COMMITTEE
       MEETING OF 14 TH FEBRUARY, 2006.

Cr Owen moved, Cr Taylor seconded that the Minutes of the Planning Committee
Meeting of the 14 th February 2006, be confirmed.

                                                                     CARRIED
                                        ~3~
Ordinary Council Meeting                                                    21/2/06
                                 VOTING RECORD
                            In favour        Against
                              Cr Curran
                              Cr Fitzpatrick
                              Cr Foster
                              Cr Garlick
                              Cr Geard
                              Cr Gray
                              Cr Owen
                              Cr Taylor
                              Cr Williams


2.       APPLICATIONS FOR LEAVE OF ABSENCE:

All members were present.

3.       PUBLIC QUESTION TIME AND DEPUTATIONS:

     •   Mrs G Edwards addressed Council and presented a written statement
         in relation to Item 5.2 of the Planning Committee Minutes of 14 th
         February 2006.

     •   Mr N Hansen addressed Council in relation to Item 5.2 of the Planning
         Committee Minutes of 14 th February 2006.

     •   Miss S Young addressed Council and presented a written statement in
         relation to Item 5.2 of the Planning Committee Minutes of 14 th
         February 2006.

     •   Mrs L Koutoulis addressed Council in relation to Item 5.2 of the
         Planning Committee Minutes of 14 th February 2006.

     •   Mr M Green addressed Council in relation to Item 5.2 of the Planning
         Committee Minutes of 14 th February 2006.

     •   Mr B Arnold addressed Council in relation to Item 5.2 of the Planning
         Committee Minutes of 14 th February 2006.

     •   Mr M Peacock addressed Council in relation to Item 5.2 of the Planning
         Committee Minutes of 14 th February 2006.

4.       DECLARATION OF PECUNIARY INTEREST:

In accordance with Part 2 Regulation 8 (7) of the Local Government (Meeting
Procedures) Regulations 2005, the Chairman of a meeting is to request
Councillors to indicate whether they have, or are likely to have, a pecuniary
interest in any item on the agenda.
                                       ~4~
Ordinary Council Meeting                                                21/2/06
Accordingly, Councillors are requested to advise of a pecuniary interest they
may have in respect to any matter appearing on the agenda, or any
supplementary item to the agenda, which the Council has resolved to deal
with, in accordance with Part 2 Regulation 8 (6) of the Local Government
(Meeting Procedures) Regulations 2005.

There were no declarations declared.



5.     REPORTS FROM COMMITTEES:

5.1    PARKS & RECREATION COMMITTEE MEETING – 14/2/06:

The recommendations of the Parks & Recreation Committee Meeting of 14 th
February, 2006 were submitted to Council for adoption.

Cr Geard moved, Cr Garlick seconded that the recommendations of the Parks and
Recreation Committee Meeting of 14 th February 2006, be adopted.
                                                                    CARRIED
                              VOTING RECORD
                        In favour             Against
                           Cr Curran
                           Cr Fitzpatrick
                           Cr Foster
                           Cr Garlick
                           Cr Geard
                           Cr Gray
                           Cr Owen
                           Cr Taylor
                           Cr Williams


5.2    FINANCE COMMITTEE MEETING – 14/2/06:

The recommendations of the Finance Committee Meeting of 14 th February,
2006 were submitted to Council for adoption.

Cr Curran moved, Cr Geard seconded that the recommendations of the Finance
Committee Meeting of 14 th February 2006, be adopted.
                                                                CARRIED
                                VOTING RECORD
                           In favour          Against
                             Cr Curran
                             Cr Fitzpatrick
                             Cr Foster
                             Cr Garlick
                             Cr Geard
                             Cr Gray
                                        ~5~
Ordinary Council Meeting                                                      21/2/06
                             Cr Owen
                             Cr Taylor
                             Cr Williams


5.3    PLANNING COMMITTEE MEETING – 14/2/06:

In accordance with the provisions of Part 2 Regulation 25 of the Local Government
(Meeting Procedures) Regulations 2005, the intention of the Council to act as a
planning authority pursuant to the Land Use Planning and Approvals Act 1993 is to be
noted.
In accordance with Regulation 25, the Council will act as a planning authority in
respect to those matters appearing under Item 5.3 on this agenda, inclusive of any
supplementary items.
The Council is reminded that any alternative decision it may make to the
recommendation appearing on the agenda, will require a full statement of reasons in
order to maintain the integrity of the planning approval process and to comply with
the requirements of the Judicial Review Act.
DECISION:

The recommendations of the Planning Committee Meeting of 14 th February,
2006 were submitted to Council for adoption.

Cr Owen moved, Cr Taylor seconded that Council deal with Items 5.1 and 5.2
separately.
                                                                 CARRIED
                             VOTING RECORD
                        In favour        Against
                          Cr Curran
                          Cr Fitzpatrick
                          Cr Foster
                          Cr Garlick
                          Cr Geard
                          Cr Gray
                          Cr Owen
                          Cr Taylor
                          Cr Williams
Item 5.1 was discussed.

Cr Owen moved, Cr Garlick seconded that the recommendation be adopted.

                                                                        CARRIED
                                        ~6~
Ordinary Council Meeting                                                         21/2/06
                                VOTING RECORD
                           In favour        Against
                             Cr Curran       Cr Taylor
                             Cr Fitzpatrick
                             Cr Foster
                             Cr Garlick
                             Cr Geard
                             Cr Gray
                             Cr Owen
                             Cr Williams

Item 5.2 was discussed.

Cr Curran moved, Cr Taylor seconded that the application be refused subject to
Sections 3.3, 3.4 and Schedule 9 of the Brighton Planning Scheme 2000.

                                                                        CARRIED

                                VOTING RECORD
                           In favour        Against
                             Cr Curran       Cr Foster
                             Cr Fitzpatrick  Cr Gray
                             Cr Garlick
                             Cr Geard
                             Cr Owen
                             Cr Taylor
                             Cr Williams

6.     REPORTS FROM COUNCILLORS:

6.1    MAYOR'S COMMUNICATIONS:

FILE REFERENCE:              0205-6

AUTHOR:                     Mayor
                            (Cr S. A. Foster)

The Mayor’s communications were tabled at the meeting.

RECOMMENDATION:
That the Mayor's communications be received.

DECISION:

Cr Owen moved, Cr Geard seconded that the recommendation be adopted.

                                                                        CARRIED
                                          ~7~
Ordinary Council Meeting                                                      21/2/06
                                   VOTING RECORD
                              In favour        Against
                                Cr Curran
                                Cr Fitzpatrick
                                Cr Foster
                                Cr Garlick
                                Cr Geard
                                Cr Gray
                                Cr Owen
                                Cr Taylor
                                Cr Williams


6.2         REPORTS FROM COUNCIL REPRESENTATIVES WITH OTHER
            ORGANISATIONS:

FILE REFERENCE:                 0205-6

Cr Owen advised that the next Hobart Water meeting is scheduled to be held on 23rd
February 2006.


7.          NOTIFICATION OF COUNCIL WORKSHOPS:

In accordance with the requirements of the Local Government (Meeting
Procedures) Regulations 2005, it was reported that no Council workshops
have been conducted since the last ordinary meeting of the Council.



8.          MOTIONS ON NOTICE:

There were no Motions on Notice.



9.          CONSIDERATION OF SUPPLEMENTARY ITEMS TO THE AGENDA:

In accordance with the requirements of Part 2 Regulation 8(6) of the Local
Government (Meeting Procedures) Regulations 2005, the Council, by absolute
majority may approve the consideration of a matter not appearing on the
agenda, where the General Manager has reported:

      (a)     the reason it was not possible to include the matter on the agenda,
              and

      (b)     that the matter is urgent, and
                                           ~8~
Ordinary Council Meeting                                                         21/2/06
      (c)     that advice has been provided under Section 65 of the Local
              Government Act 1993.

RECOMMENDATION:

That the Council resolve by absolute majority to deal with any
supplementary items not appearing on the agenda, as reported by the
General Manager in accordance with the provisions of the Local Government
(Meeting Procedures) Regulations 2005.

DECISION:

There were no supplementary items.



10.         REPORTS FROM OFFICERS:


10.1        LGAT –  ELECTION  OF                 PRESIDENT         AND        GENERAL
            MANAGEMENT COMMITTEE:

FILE REFERENCE:              0068

AUTHOR:                      Executive Officer – Governance
                             (Mrs J Banks)


Background:                The Tasmanian Electoral Office has been requested to
                           conduct the 2006 election of President and General
                           Management Committee for a two year term, in accordance
                           with the rules of the Local Government Association of
                           Tasmania (LGAT).

                           Nominations are now invited from LGAT members and must
                           be received by the Electoral Office by 5pm on Friday 12 th
                           May 2006.

                           Election Timetable:

                              Nominations open               6 th February

                              Nominations close              5pm 12 th May

                              Ballot material posted (if a ballot is required)
                                                            15 th May

                              Close of postal ballot         10am 7 th June
                                             ~9~
Ordinary Council Meeting                                                      21/2/06
                                  Declaration of result       7 th June

                                  Annual General Meeting      21 st June

                           For the information of Council, the current President is Cr
                           Lynn Mason and the representative on the management
                           Committee for the Council’s having a population of less than
                           20,000 is Cr. Dierdre Flint.
Consultation:              Nil.
Risk Implications:         N/A.
Financial                  N/A.
Implications:

Other Issues:              Nil.
Assessment:                N/A
Options:                   1. As per the recommendation.
                           2. That no action be taken.



RECOMMENDATION:
The matter is submitted for the direction of Council.

DECISION:
Cr Geard moved, Cr Garlick seconded that the report be received.
                                                                           CARRIED
                                   VOTING RECORD
                              In favour        Against
                                Cr Curran
                                Cr Fitzpatrick
                                Cr Foster
                                Cr Garlick
                                Cr Geard
                                Cr Gray
                                Cr Owen
                                Cr Taylor
                                Cr Williams
                                         ~ 10 ~
Ordinary Council Meeting                                                         21/2/06
10.2  LOCAL GOVERNMENT ASSOCIATION TASMANIA (LGAT) –
      ANNUAL GENERAL MEETING:
FILE REFERENCE:    0068-52
AUTHOR:            Executive Officer - Governance
                   (Mrs J Banks)

Background:                The Local Government Association of Tasmania (LGAT) have
                           advised that the Annual General Meeting (AGM) of the
                           Association will be held at the Hotel Grand Chancellor, Hobart
                           at 11.00 a.m. on 21st June 2006.
                           Councils are invited to submit motions on matters connected
                           with the objectives of the Association or of common concern to
                           members for inclusion on the Agenda for the AGM. Motions
                           need to be submitted to the LGAT by 28th April 2006.
                           It is planned to distribute the agenda on Friday 24th May 2006.
Consultation:              Nil.
Risk Implications:         Nil.
Financial                  Nil.
Implications:
Assessment:                It is suggested that any proposed motions be submitted to
                           Council prior to the April Council Meeting to ensure that the
                           appropriate deadline of 28th April is met.
Options:                   1. As per the recommendation.
                           2. That Council not submit any motions to the AGM.


RECOMMENDATION:
That any motions to be submitted to the AGM of the LGAT be referred to Council at or
prior to April 2006 Council Meeting.

DECISION:

Cr Owen moved, Cr Curran seconded that the recommendation be adopted.

                                                                           CARRIED

                                 VOTING RECORD
                            In favour        Against
                              Cr Curran
                              Cr Fitzpatrick
                              Cr Foster
                              Cr Garlick
                              Cr Geard
                              Cr Gray
                                           ~ 11 ~
Ordinary Council Meeting                                                         21/2/06
                                  Cr Owen
                                  Cr Taylor
                                  Cr Williams


10.3   OLD BEACH COMMUNITY HALL:
       (Item 4.4 P&R 13/12/05)

FILE REFERENCE:

AUTHOR:                     Executive Officer – Governance
                            (Mrs J Banks)


Background:                Councillors will recall a report that was submitted to the
                           December Parks and Recreation Committee regarding the Old
                           Beach Community Hall at Lennox Park.
                           Part of the recommendation of that report was for Council
                           Officers to consult with Old Beach residents as to their
                           requirements for a community hall.
                           This meeting was scheduled to be held on Thursday 16th
                           February from 7.00 p.m. at the Fire Shed at Old Beach.
Consultation:              Parks and Recreation Committee.
Risk Implications:         Nil.
Financial                  Nil.
Implications:
Assessment:                A report on the outcomes of the meeting held on 16th February
                           will be distributed to Councillors on 21st February 2006, prior to
                           the Ordinary Council Meeting.
Options:                      1. As per the recommendation.
                              2. That the report not be received.


RECOMMENDATION:

Submitted for information only.

DECISION:

Cr Curran moved, Cr William seconded that the report be received.

                                                                           CARRIED
                                      ~ 12 ~
Ordinary Council Meeting                              21/2/06
                                VOTING RECORD
                           In favour        Against
                             Cr Curran
                             Cr Fitzpatrick
                             Cr Foster
                             Cr Garlick
                             Cr Geard
                             Cr Gray
                             Cr Owen
                             Cr Taylor
                             Cr Williams



The meeting closed at 7.00 p.m.

Confirmed:
                                  (Mayor)


Date:                         21 st March, 2006

				
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